Turning off gas for non-payment in an apartment building and private housing: what else can they turn off for, is it possible if the inspectors did not get into the apartment, how to request a termination of the supply of the resource, as well as

Do gas workers have the right to turn off the gas in an apartment building?

Let's look at the most popular cases and what to do if the rights of tenants are violated. Accident Most often the supply of blue fuel is stopped due to technical malfunctions, resulting in a gas leak. This situation is extremely dangerous because if problems are not fixed in a timely manner, the risk of an explosion, house collapse and loss of life increases. Therefore, if the gas is turned off due to a leak, you should treat the situation with understanding. Technical reasons for stopping gas supply also include:

malfunction of gas equipment;
insufficient pressure;
damage to the gas pipeline, for example, during construction work;
breakdowns at the gas distribution station (occur extremely rarely);
emergency situation - flood, hurricane, etc.

In an emergency, gas supply is stopped without warning.

What to do if your gas is turned off without warning?

Also, the act of carrying out the work must be signed by the customer or his representative. Main stages The document on termination of gas supply to the consumer must contain the following information:

Place, date and time of drawing up the act.
Comprehensive information about the performer.
Complete customer details.
The grounds on which this service was disconnected (connected).
List of works that were performed by the contractor.
Date and time when the disconnection (connection) work was completed by the contractor.

After the supplier has suspended the provision of services to the subscriber, the organization that is the contractor is obliged to seal the consumer’s gas equipment.
The contractor, in turn, can seal the gas boiler and gas stove.

Illegal gas shutoff: what to do?

Additional reasons for disconnection In addition to debt and non-payment within three months, disconnection of gas supply to a consumer can be used as a compulsory measure in the following cases:

Lack of an extended contract for emergency technical services;
If the consumer independently installed or retrofitted the gas system without coordinating this with anyone;
Malfunctions of the chimney or other communication systems;
Evictions of tenants through the courts;
Gas leaks and emergency situations caused by the consumer.

In addition to the above, for disconnection there must be a fault of the consumer, for example, violation of clauses of the concluded contract, refusal to cooperate with the organization’s employees in providing information from the meter, the amount of debt for more than three billing periods, illegal redevelopment, etc.

Turning off gas for non-payment: description of the procedure, procedure and rules

When else can the gas be turned off in an apartment building or private building? The supplier has the right not to provide gasification services:

If the subscriber has violated the conditions under which he is obliged to provide the supplier with the necessary information, on the basis of which the latter determines the actual volume of consumption of the supplied resource.
If the owner of the premises deliberately avoids allowing gas service employees into the premises to carry out an inspection.
Gas may be turned off in an apartment building for non-payment if the owner does not pay for the service provided within 2 billing periods or does not do so in full.
If the subscriber uses gas equipment that does not comply with the parameters specified in the contract.
If the equipment used by the consumer to obtain the resource does not meet regulatory requirements.

They turned off the gas for debts - is this legal?

According to the law, every person whose home is connected to the gas pipeline system must pay the gas bill once a month within clearly established deadlines. Tariffs for the resource will depend on several factors. First of all, this is the area of the premises and the number of persons registered in the apartment.

Paragraph 45 of the Government of the Russian Federation No. 549 dated July 21, 2008 spells out all the provisions due to which the supplier has the right to stop supplying gas to an apartment or private house.

Important! The company providing the service may turn off the gas for debts. But before doing this, the supplier is obliged to send a notice to the owner of the apartment.

The grounds for stopping the supply of a resource are failure to pay the debt within 2 months, as well as the presence of a partial debt for the services provided.

We talked about the rules for turning off gas for non-payment in a private home here, and from this material you will learn about the grounds on which the provision of services may be terminated.

We find out whether it is necessary to conclude a contract for servicing gas equipment

Technical work was carried out in the house that required a shutdown; gas was not connected, however.
Based on the results of the inspection, the equipment installed in the subscriber’s residential premises was found to not comply with the standards, but the consumer intends to challenge this fact.
If the period allotted for eliminating the consequences of the accident has expired and the supplier has not carried out the necessary maintenance activities.
Gas was turned off throughout the entire residential building due to debt from one subscriber.
Access to meters and equipment was not provided due to the absence of the owner.
The owner of the premises refused to carry out the inspection twice.

Timing As established in regulations, the duration of the shutdown depends on the reasons for which it was carried out. But there are also situations in which the supply of gas to the consumer is suspended without prior notification. As a rule, these are mainly reasons for which the consumer is not responsible, such reasons include:

Gas distribution network failure;
If an accident occurs on indoor or in-house equipment, or a gas leak from such equipment;
If, after inspection by a specialized organization of intra-apartment or intra-house equipment, it turns out that the use of this equipment by the consumer will lead to an accident or creates such a threat.

When can your gas be turned off? As mentioned above, gas can be turned off without warning and with written notice. And disconnection for non-payment is made only if you do not pay for gas within 2 billing periods.

Punishment

The right to stop gas supply is clearly regulated by Resolution No. 549 of July 21, 2008. According to this document, the supplier has every right to refuse to provide services by cutting off the gas supply.

Reasons for stopping the gas supply

Subscriber's refusal to provide living space for inspection.
A violation of the agreement on the part of the client was recorded, as a result of which the supplier was misled about the given volumes of gas consumed.
The client independently purchased and actively uses equipment that is not provided for in the agreement. You can find out what fines he faces in such cases from this article.
Unpaid services for more than 2 billing periods (two calendar months).
The subscriber does not have an appropriate maintenance agreement with an authorized company.
The supplier received an alarm indicating that the subscriber was using faulty gas appliances (not complying with current standards).

This means he must send a notice in advance , which must record all the circumstances and reasons for such an action. After receiving the letter and personally familiarizing the client with it, the gas supply can be completed after twenty days.

The gas supplier may not notify the subscriber if:

a serious accident has occurred and urgent repairs are required;
the commission, after checking the gas equipment, issued a verdict on the unsatisfactory condition of this equipment (therefore, in order to avoid emergency situations, it was necessary to urgently shut off the gas);
A gas leak was detected in the subscriber's living area.

After repair work has been carried out, the subscriber has the right to contact the gas service and request a gas connection. Gas supply will resume after the subscriber pays the supplier for the service of disconnecting/connecting the subscriber to the gas grid.

The connection service is paid separately by the owner to the authorized organization with which the agreement is concluded.

In this case, the gas supplier is obliged to complete the connection within three days after it receives a notification letter from the owner, where he states that the causes of the breakdown have been eliminated.

We talked in more detail about the reasons for turning off gas in various life situations here.

Illegal reasons: non-payment and others

The termination of filing occurred due to non-payment and debt, but in fact there is no debt.
In the absence of the owner of the property and the possibility of inspecting the premises.
Stopping the supply after repair due to an accident (repaired and turned off again).
If you did not complete the connection process upon completion of the repair work (disconnected for the duration of the repair, but not connected back).
If in a private house, divided into several parts that belong to different families (owners), the gas was completely turned off due to the debt of one of them.

We talked about in what cases turning off gas may be considered illegal and what to do in such situations here.

Do gas workers have the right to turn off the gas in an apartment building?

If the submitted application is ignored by the gas workers, then you can complain about them to the antimonopoly service, Rospotrebnadzor or the prosecutor's office. Only the debtor is deprived of unpaid services, that is, the gas in the entire house is not turned off, and the debtor is warned twice before the planned sealing of the tap - 20 and 40 days in advance.

This time is necessary for him to take the necessary actions - pay off the debt and provide payment receipts or ask for a deferment.

It is necessary to remember that this service is not provided to you as a consumer by the housing office, but directly by the organization with which the housing office has an agreement.

The corresponding application will need to be submitted not only to the housing department, but also directly to the organization that supplies this service.
From the organization supplying gas, you must receive a certificate of termination of accrual of payments for the service provided.
Within seven days you will have to disconnect the service (this is stated in the rules on the basis of which the service is provided). As practice shows, most often subscribers are disconnected from the provided service for non-payment or partial payment.

To avoid the occurrence of debt, the organization that provides the services must correctly and timely provide the information necessary for making payments.

To begin with - 04 - the emergency gas service will tell you whether an emergency has occurred.
To the management company - there is a possibility that you missed the notice (children could simply pull it out of the box).
To the resource provider (telephone number is indicated on the receipt).

Other cases Termination and restoration of gas supply are recorded by special acts.

They are drawn up in two copies: one remains with the consumer, the other with the service provider.

Do they have the right to turn off the gas in the mkd.

Therefore, let's look at the options when the supplier has the right to disconnect the service without first notifying the consumer:

If an emergency occurs or if there is a breakdown of gas supply equipment or if there is a gas leak from it.
An emergency situation occurs in the gas distribution network.
If there is a possibility of an emergency due to the failure of in-house gas distribution equipment. In this case, the basis for disconnecting the consumer is the conclusion issued by the company with which the consumer has entered into a service agreement.

How to stop supplying a resource?

Both suspension and resumption of services for providing a resource to a consumer must be formalized by special acts provided for by law.

Can gas be turned off for non-payment during the heating season in a private house in the Republic of Belarus?

If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.

About resuming the supply If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers. Actions to resume gas supply:

Visiting the utility organization responsible for the shutdown to conclude a new contract.

And a week after my call to the gas workers, I came home and discovered that the gas pipe had been cut off and welded shut. They cut the pipe when no one was home. I was not left with any record of the actions taken.

I don’t know if police officers or bailiffs were present. 2 minor children (5 and 6 years old) live and are registered in the house, especially since one of them is the owner.

The heating season is about to begin, but apparently we will remain in an unheated room... If they had refused me a deferred payment over the phone, then of course I would have strained myself and paid off the debt. But since they gave me a deferment, I decided to spend the money on getting my child ready for school. This gives me 2 questions: 1. what can I do in this situation?2.

Re: gas shutdown for individuals Tatyana Re: gas shutdown for individuals 04/12/2011 13:33 IP/Host: 195.161.7. Hello! Do they have the right to cut off gas for unpainted supports and a gas pipeline (the supports are painted, but faded in the sun) (private house), there are no arrears in payment.

Tatyana, no, they have no right! #8 IP/Host: 85.26.232. Re: gas disconnection for individuals The subscriber was disconnected by the gas service due to debt for natural gas. The procedure for disconnecting the subscriber by the gas service was violated (lack of notifications).

Should the gas service connect the subscriber at its own expense in this case??? #9 IP/Host: 109.165.22.

The gas was turned off: can it be turned off without warning?

Technical work was carried out in the house that required a shutdown; gas was not connected, however.
Based on the results of the inspection, the equipment installed in the subscriber’s residential premises was found to not comply with the standards, but the consumer intends to challenge this fact.
If the period allotted for eliminating the consequences of the accident has expired and the supplier has not carried out the necessary maintenance activities.
Gas was turned off throughout the entire residential building due to debt from one subscriber.
Access to meters and equipment was not provided due to the absence of the owner.
The owner of the premises refused to carry out the inspection twice.

Timing As established in regulations, the duration of the shutdown depends on the reasons for which it was carried out.

server error

After this, you need to contact the municipal administration with an application for an examination. Based on its results, a conclusion should be drawn up.

The next authority will be the court. The subscriber draws up a statement of claim and attaches all available documents to it, including an expert opinion, explanations from the supplier company, a service agreement, a title document for the property, and a certificate confirming that he has no debt to pay for consumption. How is gas connected after a shutdown? After eliminating the reasons for the suspension of service, the subscriber contacts the supplier with an application for reconnection. If the gas was turned off due to a debt, the supply is resumed, as a rule, after it has been fully repaid.

If disabled illegally

Sometimes an apartment or house, as the consumer believes, is disconnected without legal grounds, in the absence of debt, and with working equipment. In this case, you need to immediately contact the gas office, they should correct the error. If the supplier insists on the legality of his actions and does not restore supplies, he must file a claim in court.

But this should only be done when there is definitely no debt. You can also go to court when the supplier provides poor-quality services or turns off the gas without warning.

Do they have the right to turn off the gas in an apartment building due to several debtors?

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 703-48-91. It's fast and free! Table of contents:

Can they turn off the gas in a private home?
Is this possible if the inspectors did not get into the apartment?
Legally
Unlawful interference
How to stop supplying a resource?
Main stages
Work of performers
For how long can they be deprived?
What do you need to do on your own?

Can they turn off the gas in a private home? But one should take into account the fact that the legislation provides for cases when turning off gas in a residential area is not allowed.

Illegal gas shutoff: what to do?

Notifications of debt to the supplier are sent 20 and 40 days before disconnection from the service.

If the consumer does not respond to notifications and does not pay for the service in full, then the gas supply is turned off within three days at this address.

What do you need to do on your own?

In order to turn off the gas supply service to the premises, you will need to write an application to your management company.
You must first pay all your outstanding debts.
The application must indicate the reasons for disconnecting the service, for example, your absence from this address.
The application will need to be accompanied by the necessary documents that can confirm your absence:
certificate from the place of military service;
etc.

IMPORTANT.

If the consumer refuses to allow the supplier's authorized inspection personnel to carry out the appropriate inspection;
If the consumer does not pay for gas for 2 billing periods in a row;
If the consumer uses gas equipment that does not correspond to the equipment specified in the contract;
If the gas supplier has received a notification from an organization that has concluded an agreement with the consumer for the maintenance of in-house and intra-apartment gas equipment, that the consumer is using equipment that does not meet regulatory requirements and, accordingly, poses a danger.

As a rule, the gas is turned off:

For non-payment. Termination of gas supply is allowed if payment has not been received from the subscriber for 2 months in a row or on the date of disconnection the amount of the resulting debt is greater than the amount accrued for 2 months.
For regular violation of the rules established in the contract with the supplier.
For creating obstacles to representatives of the supplying organization obtaining the information necessary to determine the actual volume of consumption. For example, a citizen does not allow gas service workers into the house so that they record the meter readings.
For the use of equipment that does not meet the requirements of the law, as well as does not comply with the terms of the contract.

The reasons for gas shutdown can be established in an agreement between the supplier and the subscriber.

What to do

When signing an agreement with a gas supplier, it is worth finding out how they are disconnected for non-payment and what period of time is given for repaying the debt. This information can help you assert your rights. If the subscriber is disconnected not in an emergency (due to a leak, damage to the pipeline, network), he must be notified of such action by the gas workers.

IMPORTANT! Disabling without notice is considered illegal.

According to Article 46 of the Government Decree of July 21, 2008 “On the procedure for gas supply...” a written warning is sent to the owner of the apartment in which the shutdown will occur, with a notification of delivery.

The consumer must receive such a letter and sign for delivery no later than 20 days before the event. But the gas service, unfortunately, does not always comply with this point of the Government Decree and rushes to turn off the gas and punish the subscriber even without warning. What can you encounter in reality?

The notification may reach the consumer in a timely manner.
It may simply be sent to an address without determining whether the recipient received it or not.
Sometimes the gas service does not even issue a letter warning about the shutdown.

Do they have the right to turn off the gas in an apartment building?

Pravoved.RU 224 lawyers are now on the website Consult with a lawyer online 224 lawyers are ready to answer now Reply in 15 minutes

Hello, I live in an apartment building. Several apartments (about 10 out of 36) have gas payment arrears.

The supply company posted a notice that the entire house would be cut off from gas supply due to debt. Is this legal? Collapse Victoria Dymova Support employee Pravoved.ru Hello! Similar issues have already been considered, try looking here: All legal services in Moscow Licensing of management companies Moscow from 40,000 rubles.

Gas shutdown for non-payment during the heating season.

In recent years, when the financial situation for families has become significantly worse since the start of the crisis, many have begun to save. They also save on paying for housing and communal services. The number of lawsuits regarding non-payment of utility bills has increased significantly. Increasingly, the situation is turning into the fact that the management company refuses to make concessions to debtors and turns off some services for which the homeowner has not paid for a long time. But is it possible to turn off gas for non-payment in an apartment building, we will consider in this article.

Contacting the gas company

When an illegal gas shutoff is detected, the first thing you need to do is write a statement to the gas service company:

It is necessary to obtain a written explanation of the actions from the gas workers.
The application is drawn up in two copies, in it you need to make a claim and demand a return connection to the gas pipeline.
What is included in the application? This is information about the organization, its leader, a claim against the company. You should indicate the legal acts confirming the illegality of the actions, write about the losses incurred due to the gas shutoff, and the cost of their compensation.
It is recommended to require an examination.

This application must be reviewed by the gas company within 3-5 days. After the examination (if the company’s guilt is confirmed), the case can be sent to court.

When the gas is turned off

To answer the question “Can the gas be turned off during the heating season?”, you need to understand why this is possible. Gas may be turned off if:

the supplier does not know how much of the resource was actually consumed - when the metering devices in an apartment building count incorrectly or are faulty;
the client does not agree to provide access for scheduled and preventative maintenance;
the debtor does not pay for the use of the service for more than three months;
the meter does not meet the requirements set for metering devices and gas equipment in this area;
the meter does not comply with technical specifications and regulations;
no contract was concluded with the service provider.

Gas supply may be interrupted without notice. If there is not a single reason that is significant for the shutdown, then most likely the reason for stopping the supply of gas in an apartment building is an accident, replacement of equipment or other technical malfunctions. The gas service notifies you in advance about maintenance work and related shutdowns. If the supply has stopped and there is no specific reason, the supply will be restored quickly and free of charge as soon as the issue is resolved or the breakdown is corrected.

It is important to know! If the homeowner owes payment for several months, then at the moment of disconnection he understands that he will have to not only pay all existing debts and non-payment, but also accrued penalties and fines, as well as all expenses that are guaranteed to appear upon reconnection and costs . Gas is turned off for lack of payment at least 2 months after the debt is incurred.

Reasons

Gas supply may be stopped if:

if gas service workers are denied access to conduct an inspection;
three unpaid periods in a row (non-payment or incomplete payment);
violations related to incorrect provision of consumption information (violation of agreement);
the use of devices that are not intended for use under the contract (we talked about what fines are provided for unauthorized connection of various gas equipment here);
the residents do not have an agreement for the maintenance and repair of communal and intra-apartment gas appliances (equipment) concluded with an authorized organization;
use by subscribers of equipment that does not comply with regulatory requirements (upon receipt of appropriate notification about this).

Can the gas be turned off during the heating season?

To figure out whether they have the right to turn off the gas in winter, it is worth understanding that there are two types of gas supply. In the first case, gas is supplied as a heating resource and it cannot be turned off in the winter season, as in the summer, without two prior notices, as this is contrary to the law. In another case, gas is only a means of cooking, since the house is heated by other methods - the service provider can notify only once and disconnect the subscriber from gas. You cannot turn off the gas in a house or apartment without a court order.

They can turn off the gas supply even for non-payment if:

disconnection will cause damage to property owned by others;
disconnection of one resident of an apartment building will result in loss of gas for other people who pay all utilities regularly and on time;
the requirements for the suitability of living in a residential area after the gas is turned off are violated.

Such situations are considered controversial and are used very rarely. Most often, the service provider has the right to disconnect a subscriber for non-payment, regardless of his living conditions. Can the gas be turned off during the heating season - yes. Regardless of whether the heating season is in full swing or summer, the service provider has the right to disconnect. Even if the debt arose due to good reasons:

presence of a disabled child registered in the home;
large families;
disabled people or cancer patients living in the apartment.

Regardless of the presence of these serious reasons, shutdown may occur. Several conditions must be met:

The apartment owner must receive notification 40 days before the expected shutdown date.
The second notification must come to the apartment owner 20 days before the disconnection. This is not necessarily a courier delivery service. All you need to do is send a tracking email.
If, after two notifications, the client does not pay the debt, does not begin to solve this problem, and does not even show up at the company’s office, then the supply of resources to the house is stopped within three days.

It is important to know! From the service provider and legislation point of view, the heating season is no different from the summer months. They completely disconnect single subscribers, those with many children, those in difficult life situations, or those who have lost their jobs. With all these reasons, the debtor should go to court and ask to return the resource and indicate the terms of possible repayment.

Typically, owners contact the gas supply company directly and try to sign an installment plan and debt restructuring. In this case, the management company has the right to maintain the supply of the resource in full and not deprive the person of heating and the opportunity to cook food. If the debtor does not react in any way to repeated notifications and does not strive to solve the problem, then he is disconnected without a twinge of conscience. After all, the owner had a lot of time - more than a month - to start solving the problem that was his fault.

When a supplier acts illegally

There are cases when suppliers turn off gas supplies without good reason. There are rules that they must not ignore. The reasons are considered illegal if:

the subscriber has not made a payment, but also has no debt - this happens in cases where a person pays bills with a reserve;
after technical work that required turning off the resource in the entire house, no connection was made;
the period allotted for performing technical work has passed, but the work has not been carried out;
gas supply is turned off in the entire apartment building if only one of the residents has debt;
an adjustable home meter was not installed due to the fault of the supplier or due to the absence of the apartment owner;
the owner refused to carry out preventive work once or twice for valid reasons;
the equipment was recognized as not meeting technical standards, but the consumer does not agree with this and is going to challenge this fact in court.